On Point: e. Hot pursuit

Review of a per curiam court of appeals decision; case activity (including briefs).

Issue (composed by On Point):

Is hot pursuit of a suspect based upon probable cause for a jailable offense a stand-alone justification for a warrantless home entry and arrest or must law enforcement reasonably believe that a delay in obtaining a warrant would endanger life, risk destruction of evidence, or greatly enhance the likelihood of the person’s escape?

State v. Michael J. Kryzaniak/Sherry L. Kryzaniak, 2001 WI App 44
For Kryzaniak: Raymond G. Meyer II

Issue: Whether warrantless entry of a residence to arrest a third party was justified by the exigent circumstance of hot pursuit.

Holding:

¶18 … (T)here was no immediate or continuous pursuit of a suspect from the scene of a crime; thus, there was no hot pursuit and no exigent circumstances.… There was no pursuit here,

State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing State v. Richter, 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999)
For Richter: Susan Alesia, SPD, Madison Appellate

Issue/Holding:

¶29 There are four well-recognized categories of exigent circumstances that have been held to authorize a law enforcement officer’s warrantless entry into a home: 1) hot pursuit of a suspect,